Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60523 of 2022 Arising Out of PS. Case No.-8 Year-2021 Thana- DEEPNAGAR District- Nalanda ====================================================== Nitish Kumar S/O Late Arun Kumar Resident Of Village- Mathuriya Tedi Varun Gali, Sabzi Bazar, P.S.- Bihar, District- Nalanda. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satya Prakash, Advocate For the Opposite Party/s :

Mr. Md. Aslam Ansari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 11-01-2023 Heard Mr. Satya Prakash, learned counsel appearing on behalf of the petitioner and Mr. Md. Aslam Ansari, learned A.P.P. for the State.

This Court vide order dated 23.11.2022 had directed the Trial Court to submit a report with respect to the stage of trial. The report was not submitted within the said stipulated period of time. Vide order dated 21.12.2022, in the absence of any compliance being made by the learned Additional Sessions Judge-II, Nalanda at Biharsharif, he was directed to file his personal show cause as to why and under what circumstances he has not submitted report to this Court within time. Though the learned Additional District and Sessions Judge-II-cum Exclusive Excise Court No-I, Nalanda at Biharsharif has given reasons relating to his engagement but the

Patna High Court CR. MISC. No.60523 of 2022(4) dt.11-01-2023 2/2 tenor of his language used in the letter is condemnable and call for disciplinary actions. However, he is hereby cautioned to be more vigilant and comply the orders of this Court and must show his regard for this institution.

Considering the report it appears that trial has proceeded and only three witnesses are to be examined. The Superintendent of Police, Nalanda at Biharsharif is directed to produce all the remaining witnesses on the date fixed by the Trial Court without fail.

The Trial Court is also directed to communicate such date fixed from time to time to Superintendent of Police, Nalanda at Biharsharif so that the witnesses may be examined and trial is concluded well within a period of six months. Accordingly, the present bail application is disposed of.

(Purnendu Singh, J) Niraj/Nilmani U T